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Sunday, 22 September 2013

Supervision of Public Procurements and Punjab Local Government Act 2013

We have already seen in the article ‘New Policing and
Administrative Systems’, that positive social systems may be erected by
coupling state institutions with non-state institutions. One such model of
collaboration between the state institutions and non-state institutions (the
institutions not involved in state decision-making) may be designed in the
sphere of public procurements. In order to put public procurements under
effective supervision of peoples’ representatives-acting as non-state
institution- at gross-roots level, a system based on collaboration between
district state institutions and non-state institutions may be erected in the
light of Punjab Local Government Act 2013 with some amendments in the
prevailing Procurement Rules 2009 and Regulations of Office of Ombudsman Punjab. The salient features of such public
procurements system are described in the succeeding lines.

1There will be District Procurement Committees in each
district. Each government department/district authority in a district will work
out its procurement requirements in the
district. The procurements for each government
department/district authority in a district will be made through the concerned District
Procurement Committee. A District
Procurement Committee may be established
for more than one departments in a district.

2Each District Procurement Committee will consist of:

i.Chairman of a District Procurement Committee, other than a
District Procurement Committee established for a district authority, will be a concerned district officer appointed
by the Government; Chairman of a District Procurement Committee established for
a district authority will be head of the district authority appointed by the
Government;

ii.Concerned district officer/s other than the Chairman, or
officer/s of the concerned authority, appointed by the Government;

iii.Technical members- Not more than two technical experts appointed by the Government, keeping in view
nature of the procurement;

iv.Two elected members – one councilor taken from the concerned
District Council, and the second one from the concerned Municipal Corporation
or Municipal Committee whichever is the District Headquarters. In case of
Metropolitan Corporation, both elected members will be taken from the
Metropolitan Corporation.

3.In District Procurement Committee, procurement related decisions
will be taken only by non-elected members of the Committee. However elected members may provide
input necessary for reaching a decision to be taken by the concerned District
Procurement Committee. Elected members will be authorized to attend all
meetings of the District Procurement Committee and will have access to all
documents relating to any procurement process undertaken by the Committee. The
role of elected members will be to monitor whether or not procurement process
undertaken by the District Procurement Committee is being conducted according
to PPRA Rules 2009.

3.1.The elected members will be
authorized to hire services of one technical expert having sufficient know-how
about the technicalities involved in a procurement undertaken by the District Procurement
Committee;

3.2.The elected members of a
District Procurement Committee will be elected in the manner described under
sec. 17(3) of Punjab Local Government Act 2013.

4If procurement is related to civil works in rural areas, all
members of concerned Union Council and District Council will be authorized to
have access to relevant documents of the scheme and to monitor such scheme.
Similarly if procurement is related to
civil works in urban areas, all members of the concerned Municipal Committee,
Municipal Corporation or Metropolitan Corporation will be authorized to have
access to relevant documents of the scheme, and to monitor such scheme.

5If any concerned elected councilor, or elected or non-elected
member of the District Procurement Committee finds any violation of PPRA Rules
2009 in connection with any procurement undertaken by the District Procurement
Committee, he will require the District
Procurement Committee to rectify such violation. If the objected violation is
not rectified, such councilor or member may complain against such violation to
the concerned Supervisory District Procurement Committee.

5.1.All decisions of District
Procurement Committee will be taken on basis of majority opinion;

5.2.If District Procurement
Committee is satisfied that a violation of PPRA Rules 2009 has been committed
in the process of procurement undertaken by the Committee, the Committee will
be authorized to rectify the violation, or to scrap the procurement process
provided the violation leads to, or reasonably may lead to loss of public
funds;

5.3.The supplier aggrieved of
any decision made by the District Procurement Committee may appeal to the concerned
Supervisory District Procurement Committee for seeking remedy.

6In each district, there will
be three types of ‘Supervisory District
Procurement Committees’.

6.1.First Supervisory District
Procurement Committee will be chaired by DCO, and this Committee will deal with
the appeals or complaints received in respect of procurements of goods and
services. Second Supervisory District
Procurement Committee will be chaired by the Chairman District Council and it
will deal with appeals and complaints relating to procurements of civil works
in rural areas. The Third Supervisory District Procurement Committee will be
chaired by Mayor of the concerned Metropolitan Corporation or Municipal
Corporation or by Chairman of Municipal Committee and it will deal with appeals/complaints
relating to procurements of civil works falling under the jurisdiction of such
Metropolitan/Municipal Corporation or Municipal Committee.

6.2.The First Supervisory
District Procurement Committee will, in addition to the Chairman, consist of
two non-elected members appointed by the Government, and two elected members. One
elected member will be taken from the District Council, and the second will be
taken from the Municipal Corporation or Municipal Committee whichever is the
District Headquarters. In case of Metropolitan Corporation, both elected
members will be taken from the Metropolitan Corporation. The Second Supervisory
District Procurement Committee will, in addition to the Chairman, consist of
two non-elected members appointed by the Government, and two elected members.
One elected member will be taken from the concerned Union Council in whose
jurisdiction the civil work is to be done, and the second member will be taken
from the District Council. The Third Supervisory District Procurement Committee
will, in addition to the Chairman, consist of two non-elected members appointed
by the Government, and two elected members. Both elected members will be taken
from the concerned Metropolitan/Municipal Corporation or Municipal Committee in
whose jurisdiction the civil work is to be done.

6.3.All elected members of Supervisory
District Procurement Committee will be elected in the manner described under
sec. 17(3) of Punjab Local Government Act 2013.

6.4.All complaints/appeals
received by Supervisory District Procurement Committee will be decided by the
Committee within fifteen working days after receipt of such complaints/appeals.
If complaint/appeal received by the Supervisory District Procurement Committee
is not decided within fifteen working days, the appellant/ complainant may take
his appeal/complaint to the District Ombudsman.

6.5.If Supervisory District
Procurement Committee, on receiving an appeal or complaint, is satisfied that
any violation of PPRA Rules 2009 has occurred in the procurement process
undertaken by the District Procurement Committee, the Supervisory District
Procurement Committee will be authorized to rectify the violation; to scrap the
procurement process provided the violation leads to, or reasonably may lead to,
loss of public funds; or to stop the procurement process till the
appeal/complaint received is decided upon.

6.6.Supervisory District
Procurement Committee will be authorized to hire services of maximum two
experts having technical know-how about the procurement under consideration.

6.7.All decisions of Supervisory
District Procurement Committee will be made on the basis of majority opinion.

6.8.Record of all proceedings
undertaken by District Procurement Committee and Supervisory District
Procurement Committee will be properly maintained in the manner described under
sec.140(4) of Punjab Local Government Act 2013.

6.9.There will be a separate
office for District Procurement Committees and District Supervisory District
Procurement Committee which will be properly staffed by the concerned Chairman
of the Committee and DCO respectively.

6.10. An appeal against the Supervisory District
Procurement Committee’s decision in respect of appeals/complaints received by the Committee, will lie to the District Ombudsman.

7In each district, there
will be a District Ombudsman who will
not be a civil servant and will be appointed by the Government for an un-extendable
period of five years. If
District Ombudsman, receiving an appeal or complaint, is satisfied that any
violation of PPRA Rules 2009 has occurred in the procurement process undertaken
by the District Procurement Committee/ Supervisory District Procurement
Committee, the District Ombudsman will be authorized to rectify the violation;
to scrap the procurement process provided the violation leads to, or reasonably
may lead to, loss of public funds; or to stop the procurement process till the
appeal/complaint received is decided upon.

7.1.Any decision made by the District
Ombudsman, on receiving an appeal or complaint, will not be appealable to any
executive authority.

7.2.District Ombudsman will be
authorized to hire services of maximum two experts having technical know-how
about the procurement under consideration.

7.3.District Ombudsman may
recommend disciplinary/ criminal proceedings to be initiated against any
member/ councilor willfully involved in loss of public funds in respect of any
procurement of which appeal/complaint has been received by the Ombudsman.

In
order to establish public procurements system on the pattern delineated above,
provisions contained in Punjab Local Government Act 2013 may be resorted to.
For instance, procurements relating to District Health Authority and District
Education Authority may be entrusted to District Procurement Committee under
sections 95 of PLG act 2013. Similarly in order to include elected members in
the District Procurement Committees and Supervisory District Procurement
Committees, sec 120 and 121 of PLG act 2013 may be resorted to.